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Texas grandmother jailed in alleged political retaliation wins at Supreme Court
The Supreme Court on Thursday ruled in favor of a Texas ex-councilwoman who was thrown in jail in an act of political retaliation.
Sylvia Gonzalez and her attorneys at the nonprofit Institute for Justice (IJ) sued Castle Hills Mayor JR Trevino and other officials, alleging they plotted to remove her from office as retaliation for criticizing the city manager, thereby violating her First Amendment rights.
A Fifth Circuit court tossed her case, saying she didn’t present required evidence to advance a “retaliatory-arrest” case that would show others had not been arrested after engaging in similar conduct. She had been arrested for allegedly trying to remove a document from a city council meeting that she claimed she did not realize she had in the first place, and the charges were eventually dropped.
The Supreme Court on Thursday reversed the Fifth Circuit’s decision, finding that Gonzalez’s research showing that the statute under which she had been charged had never been used in her county to prosecute someone for “trying to steal a nonbinding or expressive document” was sufficient to support her claim. The Fifth Circuit, in ruling against her, said she needed more.
“That court thought Gonzalez had to provide very specific comparator evidence — that is, examples of identifiable people who ‘mishandled a government petition’ in the same way Gonzalez did but were not arrested,” the Supreme Court said in an unsigned opinion, adding that “the demand for virtually identical and identifiable comparators goes too far.”
SUPREME COURT HEARS CASE OF TEXAS GRANDMOTHER THROWN IN JAIL AFTER CRITICIZING CITY GOVERNMENT
Castle Hills, Texas, police arrested then-Councilwoman Sylvia Gonzalez in July 2019 on a rarely used charge of tampering with a public document. (Courtesy Institute for Justice)
Gonzalez’s story began in 2019, when constituents had complained that the city manager, Ryan Rapelye, was unresponsive, particularly to their concerns over the condition of their streets.
As soon as she was elected, Gonzalez championed a nonbinding petition calling for the city manager to be replaced with a previous manager who residents felt had done a better job. Another resident introduced the petition at Gonzalez’s first city council meeting. Discussion of the manager’s job performance “grew contentious,” according to court records, and the meeting was extended through the following day.
At the end of the meeting, Gonzalez said she straightened up the papers strewn across her dais and put them in her binder before going to talk to a constituent.
A police officer interrupted the conversation, telling Gonzalez that Trevino wanted to speak with her, according to court documents. Gonzalez went back to the dais and Trevino asked where the petition was. Gonzalez said she didn’t know. Trevino allegedly asked her to look in her binder, saying he could see a clip inside.
Indeed, the petition was in the binder, so Gonzalez handed it over and thought nothing of it. But two months later, she learned from a neighbor that there was a warrant out for her arrest.
“I didn’t even know what I was accused of,” Gonzalez, a 72-year-old grandmother, told Fox News. “I’d never been in jail… and it was very scary to an old lady like me.”
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“I’d never been in jail… and it was very scary to an old lady like me,” Sylvia Gonzalez told Fox News Digital. (Institute for Justice)
Trevino and Police Chief John Siemens used the briefly displaced petition to launch a criminal investigation into Gonzalez, her lawsuit alleges. Three weeks into the investigation, the police chief assigned a “trusted friend and local attorney” to take over as a “special detective,” according to Gonzalez’s complaint.
The special detective produced an arrest affidavit alleging that Gonzalez had “been openly antagonistic” toward the city manager from her first meeting, “wanting desperately to get him fired.” The affidavit also accused Gonzalez of misleading a woman by “telling her several fabrications” about Rapelye in order to get her signature, according to court documents.
Detectives found probable cause to believe Gonzalez stole her own petition when she put it in her binder with other papers, violating a Texas ban on intentionally removing or destroying government records, according to court documents from the defendants.
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Sprinklers water the lawn in front of the U.S. Supreme Court in Washington, D.C., on April 29. (Bill Clark/CQ-Roll Call, Inc via Getty Images)
The statute is usually used in cases involving fake Social Security numbers, forgeries of official checks and counterfeit green cards, Institute for Justice senior counsel Anya Bidwell said. IJ looked at 10 years of Bexar County data and couldn’t find “anything even remotely similar” to Gonzalez’s case, she added.
Rather than seek a summons for the nonviolent misdemeanor, the special detective took the unusual step of asking for an arrest warrant, the lawsuit contends. The special detective also went straight to a district court judge, circumventing the Bexar County District Attorney’s Office.
“They wanted to punish me, and they wanted to make sure I went to jail. And they did a good job,” Gonzalez said.
Gonzalez turned herself in, was handcuffed, spent the day sitting in jail and had her mugshot splashed across the evening news. Even though the DA’s office dropped the charge, her brief political career was over.
Gonzalez sued Trevino, Siemens, special detective Alexander Wright and the city in 2020, alleging they deprived her of her rights under the First and 14th Amendments of the U.S. Constitution.
“This is a great day for the First Amendment and Sylvia Gonzalez, who has courageously fought against retaliatory actions by government officials,” Bidwell said.
“The Supreme Court’s revision of its First Amendment retaliation doctrine ensures that Americans can seek justice when they have evidence of a retaliatory arrest. Retaliatory arrests undermine the very foundation of our democracy, and this ruling helps safeguard the rights of all Americans to speak out without fear of retribution,” Bidwell said.
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Southwest
Arizona governor vetoes Charlie Kirk memorial license plate, sparking GOP outrage: ‘This bill falls short’
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Democratic Arizona Gov. Katie Hobbs is facing fierce backlash after vetoing a bill that would have created a specialty license plate honoring slain Turning Point USA founder Charlie Kirk, a move Republicans are blasting as a stunning act of partisanship after his assassination.
Kirk, who was assassinated while speaking at a Sept. 10 Turning Point USA event at Utah Valley University, lived in Arizona with his wife, Erika, and two children.
The proposed specialty plate, referred to as the “Charlie Kirk memorial” plate or the “Conservative grassroots network special plate,” featured a photo of the late Kirk and the TPUSA logo in front of an American flag background.
Below the license plate number were the words “FOR CHARLIE.”
A custom Arizona license plate, featuring a Turning Point USA and Charlie Kirk design, shared by state Sen. Jake Hoffman. (Senator Jake Hoffman via X)
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Of the $25 fee required for the plate, $17 would be an annual donation deposited into the Conservative Grassroots Network Special Plate Fund, according to the legislation.
While the recipient of the Grassroots Network Special Plate Fund was not explicitly designated as TPUSA in the bill, it noted the director of the fund would allocate revenue annually to a nonprofit organization, founded in 2012, that focuses on restoring traditional values, maintaining a grassroots activist network on high school and college campuses in Arizona, and assisting college students with voter registration and absentee ballots.
People gather at a memorial to mourn Turning Point USA Founder Charlie Kirk outside Turning Point USA headquarters Sept. 12, 2025, in Phoenix. (Charly Triballeau/AFP via Getty Images)
TPUSA, founded by Kirk in 2012, is well known for its grassroots activist networks on high school and college campuses. It is headquartered in Phoenix, Arizona.
The $25 fee and annual $17 donation are consistent with the fees for the other 109 nonprofit license plates offered by the Arizona Department of Transportation (ADOT).
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The state Senate passed the bill, 16-2, with the House of Representatives voting 31-23 in favor prior to Hobbs’ veto.
Specialty plates in Arizona are authorized by the legislature and sent to the governor to be signed into law. They have been offered since 1989.
In a letter explaining the veto, Hobbs cited concerns with the bill “bring[ing] people together,” claiming it would “insert politics into a function of government that should remain nonpartisan.”
Democratic Arizona Gov. Katie Hobbs is facing fierce backlash after vetoing a bill that would have created a specialty license plate honoring slain Turning Point USA founder Charlie Kirk. (Rebecca Noble/Getty Images)
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“Charlie Kirk’s assassination is tragic and a horrifying act of violence,” Hobbs wrote. “In America, we resolve our political differences at the ballot box. No matter who it targets, political violence puts us all in harm’s way and damages our sacred democratic institutions.
“I will continue working toward solutions that bring people together, but this bill falls short of that standard.”
Specialty license plates with political interests already approved by the state include the “Choose Life” Plate, which benefits the Arizona Life Coalition and its mission to promote anti-abortion advocacy and education; the “In God We Trust” Plate, which benefits conservative Christian legal advocacy group Alliance Defending Freedom; and the Arizona Realtors’ “Homes for All” Plate, which funds affordable housing projects.
Charlie Kirk, founder of Turning Point USA, speaks during the Turning Point Action conference in 2023 in West Palm Beach, Fla. (Lynne Sladky/AP Photo)
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Another approved plate, “Alice Cooper’s Solid Rock Plate,” which benefits Solid Rock Teen Centers, features a portrait of the legendary musician, who has made political comments about social issues including gender identity.
Republican state Sen. Jake Hoffman, who sponsored the bill, posted a fiery statement on social media after the governor’s action, claiming her “grotesque partisanship knows no bounds.”
“Even in the wake of a global civil rights leader — an Arizona resident and her own constituent — being assassinated in broad daylight for his defense of the First Amendment, Hobbs couldn’t find the human decency to put her far-Left extremism aside simply to allow those how wish to honor him to do so,” Hoffman wrote. “Katie Hobbs will forever be known as a stain on the pages of Arizona’s story.”
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On Saturday, TPUSA COO Tyler Bowyer shared an X post that said, “Deport Katie Hobbs.”
TPUSA, Bowyer and Hobbs’ office did not immediately respond to Fox News Digital’s requests for comment.
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Air Force veteran warns ‘cartels don’t collapse — they fracture’ after notorious drug lord killed
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Nearly two weeks after Mexican forces killed notorious cartel boss Ruben “El Mencho” Oseguera Cervantes, questions remain about how the powerful Jalisco New Generation Cartel (CJNG) will respond and whether the blow will meaningfully disrupt the flow of fentanyl into the United States.
Carlos De La Cruz, a 20-year U.S. Air Force veteran who deployed after 9/11 and later served along the southern border, told Fox News the cartel leader’s death marked a major victory, but warned Americans should not mistake it for the end of the fight.
“When I say that this is a significant win, I mean it,” De La Cruz said. “El Mencho ran one of the most violent cartels on the planet.”
Oseguera, who rose to prominence in the post–El Chapo era, oversaw CJNG’s aggressive expansion across Mexico and into key trafficking corridors feeding U.S. drug markets. Under his leadership, the cartel became a central architect of fentanyl and methamphetamine trafficking and drew a $15 million U.S. reward for information leading to his capture.
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Smoke rises from burning vehicles after a military operation that a government source said killed Mexican drug lord Nemesio Oseguera, known as “El Mencho,” in Puerto Vallarta, Mexico, on Feb. 22, 2026. (Screen grab obtained from a social media video. @morelifediares via Instagram/YouTube via Reuters)
But De La Cruz cautioned that removing a cartel kingpin does not dismantle the organization.
“Cartels don’t collapse when you just cut the head off — they fracture,” he said. “And part of that fracture is going to see a lot of short-term violence while all these factions fight over territory.”
Following Oseguera’s killing on Feb. 22, the U.S. State Department issued travel alerts in multiple Mexican states, citing road blockages and criminal activity tied to security operations, underscoring concerns about instability in the aftermath.
Drawing on his military background studying enemy command structures, De La Cruz described the cartel fight as a long-term campaign requiring sustained pressure.
A mughsot of Ruben “Nemesio” Oseguera Cervantes, known as “El Mencho,” beside graffiti depicting the letters of the Jalisco New Generation Cartel, covering the facade of an abandoned home in El Limoncito, in the Michoacan state of Mexico. (Eduardo Verdugo/AP Images; Drug Enforcement Administration)
“You don’t win a war with just one airstrike,” he said. “The goal is dismantling the networks and going after their financing.”
De La Cruz, who is running for Congress and is the brother of Texas Republican Rep. Monica De La Cruz, argued that CJNG’s Foreign Terrorist Organization designation gives U.S. law enforcement and intelligence agencies expanded tools to target cartel infrastructure and financial pipelines.
KAROLINE LEAVITT WARNS CARTELS TO ‘NOT LAY A FINGER’ ON AMERICANS OR PAY ‘SEVERE CONSEQUENCES’
A soldier stands guard by a charred vehicle after it was set on fire in Cointzio, Mexico, Sunday, Feb. 22, 2026, after the cartel leader’s death. (Armando Solis/AP Photo)
But he stressed that the fentanyl crisis should be viewed as a domestic security emergency, not a distant foreign problem.
“For decades, they were using their territories as launching pads to pump chemical weapons into America — because that’s exactly what fentanyl is,” he said.
De La Cruz, who said he worked side by side with Customs agents while deployed to the border, warned that cartel networks are highly adaptive and that any gains could be temporary without sustained follow-through.
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Smoke rises after violence hit Puerto Vallarta, Mexico. (Courtesy of Scott Posilkin)
“These networks, they’re going to adjust. They’re going to adapt and they’re going to adapt quickly,” he said. “We have to continue to go after the money launderers, especially on our side of the border, because that’s the full fight.”
While Oseguera’s death removes one of the most dominant figures in Mexico’s criminal underworld, De La Cruz said the mission is personal.
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“I took an oath to defend this country,” he said. “And I intend to stand by that oath.”
Fox News Digital’s Greg Wehner contributed to this report.
Stepheny Price covers crime, including missing persons, homicides and migrant crime. Send story tips to stepheny.price@fox.com.
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TUCSON, Ariz. — More than five weeks after the suspected abduction of Nancy Guthrie — the 84-year-old mother of “Today” co-host Savannah Guthrie — Arizona authorities say cadaver dogs used earlier in the investigation are not currently being deployed as the search continues.
The elder Guthrie is believed to have been kidnapped from her home in the Catalina Foothills in northern Tucson around 2:30 a.m. on Feb. 1.
While no suspects have been publicly identified, and she has not been found, cadaver dogs had been deployed earlier in the case, according to Pima County Sheriff Chris Nanos. They have not been visible in weeks.
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A member of the Pima County Sheriff’s Office remains outside of Nancy Guthrie’s home, Monday, Feb. 9, 2026 in Tucson, Ariz. (AP Photo/Ty ONeil; Nathan Congleton/NBC via Getty Images)
“They are available if needed in the future,” he told Fox News Digital.
There are a number of reasons not to be using cadaver dogs at this stage in the investigation, according to Betsy Brantner Smith, a retired police sergeant and spokeswoman for the National Police Association.
NANCY GUTHRIE’S NEIGHBORS FLAG CAMERA GLITCHING, EXPERTS EXPLAIN WI-FI JAMMING
Savannah Guthrie visits the Today show at Rockefeller Plaza in New York on Thursday, March 5, 2026. (Charles Sykes/Invision/AP)
One would be if there’s credible information that Guthrie is still alive.
“Anything is possible,” Nanos told Fox News Digital last week, adding that he would not discuss specific leads or evidence in the case.
DNA IS STILL PENDING AS VOLUNTEERS FIND ANOTHER GLOVE IN THE SEARCH FOR NANCY GUTHRIE
Brantner Smith, who is not involved in the case, said departments may hold back K-9 resources for several reasons. Those could be that authorities don’t have a good idea of where to search, they think she might be concealed in a place where dogs would have a hard time detecting her, or they believe she’s been taken to Mexico, according to Brantner Smith.
Law enforcement agents walk around the neighborhood where Annie Guthrie, whose mother Nancy Guthrie has been missing for more than a week, lives just outside Tucson, Ariz. (Ty ONeil/AP Photo)
“I do believe that the sheriff’s department has much more information that they are not releasing to the public,” she told Fox News Digital. “And I’m not sure at this point why that would be, unless they have a solid suspect and don’t want to tip them off.”
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Most departments, including the Pima County Sheriff’s, don’t have their own cadaver dogs and borrow them from state and federal authorities or neighboring jurisdictions.
An investigator looks inside a culvert in the neighborhood where Annie Guthrie, whose mother Nancy Guthrie has been missing for more than a week, lives just outside Tucson, Ariz., on Tuesday, Feb. 10, 2026. (Ty ONeil/AP Photo)
In Guthrie’s case, the sheriff’s department sought K-9 assistance from the local Border Patrol office earlier in the investigation.
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PCSD deferred further comment on the K-9s to Customs and Border Protection, which did not immediately respond to a request for comment.
A member of the Pima County Sheriff’s Office walks around Nancy Guthrie’s home on Tuesday, Feb. 10, 2026 in Tucson, Ariz. (Ty ONeil/AP Photo)
The biggest lead so far has been Nest camera video showing a masked intruder on Guthrie’s doorstep the morning of her abduction.
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He is described as about 5 feet, 9 inches to 5 feet, 10 inches tall and of medium build.
Nancy Guthrie, 84, has been missing from her Arizona home since Jan. 31, 2026. (Don Arnold/WireImage/Getty Images)
He was wearing a black Ozark Trail backpack.
Authorities have said they won’t consider the case cold until they run out of viable leads to follow up on — and tens of thousands have come in so far.
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Savannah Guthrie has asked anyone with information to dial 1-800-CALL-FBI.
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There’s a combined reward of more than $1.2 million for information that leads to her mother’s recovery.
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